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(영문) 울산지방법원 2015.09.04 2015고단1397

근로기준법위반등

Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of Ulsan-gu B (ju)C located in Ulsan-gu, the Defendant is an employer who runs a sports facility operation business using ten regular workers.

From October 1, 2014 to April 30, 2015, the Defendant did not pay KRW 5,800,000 in total for workers E, F, G, H, I, J, and K’s wages and retirement allowances, including KRW 65,569,380, respectively, within 14 days from the date of retirement, without any agreement on extension of the due date between the parties concerned.

2. The above facts charged cannot be prosecuted against the victim’s express intent under Article 109(1) of the Labor Standards Act, Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

However, on September 4, 2015, after the institution of the instant prosecution, the victims who failed to punish the Defendant was submitted a written application for non-prosecution of punishment.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.